OUR TEAM

Porter Fleming

Partner

Porter Fleming

Partner

30 years of practice. He is known for both his intellect and legal skills, but also for his commitment, dedication and leadership qualities. Trials are won by trial teams.  Teams require leaders and teamwork.  Winning requires finishing strong. No surprise, Porter was a four year starting college lacrosse player, a co-captain and since practicing law has completed 21 New York City Marathons and counting. He leads by example.
30 years of practice. He is known for both his intellect and legal skills, but also for his commitment, dedication and leadership qualities. Trials are won by trial teams.  Teams require leaders and teamwork.  Winning requires finishing strong. No surprise, Porter was a four year starting college lacrosse player, a co-captain and since practicing law has completed 21 New York City Marathons and counting. He leads by example.

OVERVIEW

Porter Fleming leads the firm’s Litigation Practice Group and has more than thirty years of intellectual property litigation experience. Not only is he comfortable in the courtroom, before a Judge or jury, he has also developed a unique ability to advise senior management and in-house counsel efficiently and effectively. His varied experiences and significant results for his clients speak for themselves.

Within the Litigation Practice Group, Mr. Fleming leads a team of talented attorneys, with expertise across a spectrum of industries, and has and continues to represent a diverse range of clients, from large corporations to individual inventors and innovators. Through this practice, Mr. Fleming is known to draw upon the diverse resources of the firm, creating for each litigation a “Cabinet” of attorneys, experts and scientific advisors deeply proficient in the various legal and technical aspects of the specific case to effectively and efficiently guide the client through the legal process from the beginning to the resolution. His leadership, knowledge and experience in intellectual property law is valued by many of the nation’s leading pharmaceutical and scientific corporations.

REPRESENTATIVE CASES

  • Takeda Pharmaceutical Company Ltd. et al. vs. Norwich Pharmaceuticals, Inc., No. 2:20-cv-08966 (D.N.J.)
  • LCS Group, LLC et al. v. Shire LLC et al., No. 22-2706 (2nd Cir.)
  • LCS Group, LLC et al. v. Shire Development, et al., Nos. 20-2319, 20-2587 (2nd Cir.)
  • RSA Protective Technologies, LLC v. Delta Scientific Corporation, No. 19-06024 (C.D.Ca.)
  • LCS Group, LLC v. Shire LLC et. al., Nos. 19-942, 19-2404 (2nd Cir.)
  • Takeda Pharmaceuticals USA., Inc. v. Mylan Pharmaceuticals Inc., Nos. 2020-1407 and 2020-1417 (Fed. Cir., July 31, 2020)
  • Takeda Pharmaceuticals USA., Inc. v. Alkem Laboratories Ltd., No. 2020-1545 (Fed. Cir., July 31, 2020)
  • Takeda Pharmaceuticals USA., Inc. v. Alkem Laboratories Ltd., No. 20-00325 (D. Del.)
  • Takeda Pharmaceuticals USA., Inc. v. Mylan Pharmaceuticals Inc., No. 19-2216 (D. Del.)
  • OHVA, Inc. v. National Bankcard Inc., No. 19-6114 (S.D.N.Y.)
  • LCS Group LLC v. Shire LLC et al., No. 18-2688 (S.D.N.Y.)
  • Bayer Healthcare LLC v. Baxalta Inc., Baxalta US Inc., and Nektar Therapeutics, No. 16-1122 (D. Del.)
  • The Medicines Company v. Hospira, Inc., Nos. 14-1469, 14-1504 (Fed. Cir., July 11, 2016) (en banc)
  • Shire LLC, Shire Development Inc., Shire Development LLC, v. Amneal Pharmaceuticals, LLC, Roxane Laboratories Inc., Sandoz Inc., Mylan Inc., Matthey Inc., Johnson Matthey Pharmaceutical Materials, Actavis Elizabeth LLC, Actavis LLC, Nos. 14-1736, 14-1737, 14-1738, 14-1739, 14-1740, 14-1741 (Fed. Cir., September 24, 2015)
  • The Medicines Company v. Sun Pharma Global FZE, Sun Pharmaceutical Industries Ltd., & Caraco Pharmaceutical Laboratories, Ltd. (n/k/a Sun Pharmaceutical Industries Inc.), No. 11-06819 (D.N.J.)
  • The Medicines Company v. Mylan Inc., Mylan Pharmaceuticals Inc. and Bioniche Pharma USA, LLC, No. 11-1285 (N.D. Ill.)
  • Shire LLC and Shire Development LLC v. Amneal Pharmaceuticals LLC, Actavis Elizabeth LLC, Actavis LLC, Mylan Inc., Mylan Pharmaceuticals Inc., Roxane Laboratories, Inc., Sandoz Inc., Johnson Matthey Inc., & Johnson Matthey Pharmaceutical Materials, No. 2:11-03781 (consolidated) (D.N.J.)
  • The Medicines Company v. Hospira, Inc., No. 09-750 (D. Del.)
  • The Medicines Company v. APP Pharmaceuticals, LLC and APP Pharmaceuticals, Inc., No. 10-476, 09-752 (D. Del.)
  • The Medicines Company v. Teva Parenteral Medicines, Inc., Teva Pharmaceuticals USA, Inc., & Teva Pharmaceutical Industries, Ltd., No. 09-750 (D. Del.)
  • Galderma Laboratories, L.P., Galderma S.A., & Dermalogix Partners, Inc. v. Paddock Laboratories, Inc., No. 09-CV-002 (N.D Tex.)
  • Aspex Eyewear, Inc. & Contour Optik, Inc. v. Marchon Eyewear, Inc., Nike, Inc., Revolution Eyewear, Inc., & Gary Martin Zelman, No. 09-61515 (S.D. Fla.)
  • Duramed Pharmaceuticals, Inc. v. Paddock Laboratories, Inc., No. 09-1905 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Nostrum Pharmaceuticals, Inc., No. 03-4436 (D.N.J.)
  • Shire LLC v. Teva Pharmaceutical Industries Ltd. & Teva Pharmaceuticals USA, Inc., No. 07-3526 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Corepharma, LLC, No. 06-2266 (D. N.J.)
  • Shire Laboratories Inc. v. Barr Laboratories, Inc., No. 03-1219 (S.D.N.Y.)
  • Allure Home Creations v. Zak Designs, Inc., No. 03-193 (D.N.J.)
  • Shire Laboratories Inc. v. Impax Laboratories, Inc., No. 05-00020 (D. Del.)
  • PAR Pharmaceuticals v. Roxanne Pharmaceuticals, No. 03-3357 (D.N.J.)
  • Novogen Research Pty. Ltd. v. GNC, No. 04-3627 (S.D.N.Y.)
  • Shire Laboratories Inc. v. Colony Pharmaceuticals, No. 07-718 (D. Md.)
  • Novogen Research Pty.Ltd. v. Natural Alternatives Int’l. Inc., No. 05-1983 (S.D.N.Y.)
  • Technology Licensing Corp. v. Rational Cooking Systems, Inc., No. 06-515 (D. Del.)
  • J-Med Pharmaceuticals v. Everton Pharmaceuticals, No. 06-251 (E.D.N.C.)
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PUBLICATIONS

  • Fleming, Porter, and Kanter, Jason. “Raising the Bar to Patentability.” Life Sciences Intellectual Property Review (2016): 38-41. Web.
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SPEAKING ENGAGEMENTS

  • “Defending Against NPEs: What is the New Normal?”, the IP Strategy Summit Defense: Boston, May 10, 2017
  • “Risk Management & Avoiding Litigation”, the IP Strategy Summit Defense: New York City, April 27, 2017
  • “United States Intellectual Property – Latest Developments and Trends”, Tokyo University of Science Annual IP Forum, Tokyo, March 16, 2017
  • “The Great Game: Defending Against Rivals & Operating Companies”, the IP Strategy Summit Defense: Boston, November 3, 2016
  • “Recent Developments in Patent Law: The On-Sale Bar After the En Banc Decision in The Medicines Company v. Hospira, Inc.“, New York Law Journals’ In-House Counsel CLE Seminar, New York, September 30, 2016
  • “Intellectual Property – Latest Development and Trends”, Tokyo University of Science Annual IP Forum, Tokyo, March 27, 2016
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AWARDS

  • Intellectual Asset Management (IAM) Patent 1000. The World’s Leading Patent Practitioners, recognized for his Patent Litigation work (2015 – Present)
  • New York SuperLawyers® Metro Edition (2009 – Present)
  • AV Preeminent® Rating by Martindale Hubbell (2004 – Present)
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EDUCATION

  • Colorado School of Mines, B.S., Metallurgical Engineering
  • Franklin Pierce Law Center, J.D.
  • Finalist, Patent Moot Court
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BAR ADMISSIONS

  • Southern District of New York
  • Eastern District of New York
  • Northern District of New York
  • U.S. Court of Appeals for the Federal Circuit
  • Registered to practice before the U.S. Patent and Trademark Office
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MEMBERSHIPS

  • The Association of the Bar of the City of New York
  • New York State Bar Association, Intellectual Property Section
  • New York City Bar Association
  • New York Intellectual Property Law Association
  • Federal Circuit Bar Association
  • American Bar Association
  • Intellectual Property Owners Association
  • American Intellectual Property Law Association
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RELATED SERVICES

Antitrust Counseling

Antitrust Government Investigation

Antitrust Litigation

Automotive Litigation

Biotechnology Litigation

Class Action Litigation

Consumer Products Litigation

Hatch-Waxman Litigation

Intellectual Property Litigation

Life Sciences Litigation

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+1.212.588.0800
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+1.212.588.0800

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